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lawrencebe

NOD Still Processing after 5 years?!

Question

Posted in a different forum but I’ll bring this here as it’s more appropriate. 

Back in August of 2013 my VSO sent in a NOD (which was within a year of my denial which I received in February 2013). This NOD was done because I was unable to get the VA to reschedule my C&P Exams in 2012 after requesting several times and subsequently all my claims were deemed “Not Service Connected. Not Enough Evidence”. After 4+ years with no word from the VA I went back to my VSO in April 2018 and he refiled a NOD, with the original one attached, and I received a denial in May 2018 saying my NOD was outside of the year time frame.

My VSO also refiled for a new claim at the same time as the 2nd NOD in April 2018 because he was unable to see in VBMS anything regarding my an NOD, if an SOC was sent, or any DRO status. My original claim at the time was closed and nothing else seemed as if there could be done.

The new claim was accepted in April 2018, I sent in my packet in October 2018, and I began going to all my QTC appointments with my last being in the beginning of December. All seemed well but my new claim is gone and after speaking to the VA over the phone it now seems as if my new claim was denied due to my original September 2012 claim still in the appeal process from August 2013.

A letter from the VA which will be sent tomorrow Jan 2, 2019 is stating in summary that I cannot refile a new claim with the same items that are still being appealed which is blowing my mind.

So at this point I’m trying to see if I (my VSO) should send in another NOD, send in an I9 or do something else to figure out what is going on. 4+ years of not knowing what is going on is enough and somehow I need to fight I just don’t know where to begin. 

Thanks for all the help and advice in advance!

 

 

Edited by lawrencebe

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That's awesome.  Now that they are showing an appeal you have some standing.  I have to agree with 11cvolley that it might be time to consult a lawyer.  I find it distasteful that we have to involve a lawyer to get justice at the VA but that is what I had to do when the VA started pulling illegal shenanigans in my case.  A lawyer has avenues of approach that we are not allowed to use or even know of.

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54 minutes ago, vetquest said:

That's awesome.  Now that they are showing an appeal you have some standing.  I have to agree with 11cvolley that it might be time to consult a lawyer.  I find it distasteful that we have to involve a lawyer to get justice at the VA but that is what I had to do when the VA started pulling illegal shenanigans in my case.  A lawyer has avenues of approach that we are not allowed to use or even know of.

That’s a great idea you guys have suggested. Do you guys have any recommendations on a lawyer or firm in particular?

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I used an individual lawyer and he pulled a bad move on my case so I do not recommend him.

I looked for a lawyer in the Virginia area to handle my case.  Others can chime in with the names of lawyers they recommend.

 

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I just got off the phone with a law firm.

They couldn’t help at the moment and I may run into an issue with finding a lawyer to help my appeal because it’s still pending and there hasn’t been a DRO decision made. At this point all I can do is inquire as to where I am in the appeals process and if January 15, 2019 is the start then I have awhile to go. She suggested that I may need write my congressman and see if that helps as Oakland VA is one of the two worst VAs in the US. 

May have to try that route but at this point it seems liken I gotta wait for a DRO decision to come down. No telling how long that will be but hey at least I know where I’m at with all this mess. Hopefully by this time next year I’ll hear something back.

Edited by lawrencebe

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Research on how to file a Petition For Writ Of Mandamus with the CAVC.

Find out if the CAVC has jurisdiction at your stage of the process.

The basis would be the VARO taking too long to take action(stalling).

https://www.veteranslawblog.org/writ-of-mandamus-in-va-claims/

 

Edited by 63Charlie

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